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3 <br /> • <br /> Preconstruction Services Contract <br /> General Contractor/Construction Manager Services for <br /> Water Pollution Control Facility Expansion <br /> Phase Cl (Liquid Stream), Phase C2(Solids Handling) <br /> qualify as the Owner's public records under the Act. If the Owner receives a <br /> public records request relating to this Agreement or relating to the Work, the <br /> Owner shall seek to provide notice to GC/CM at least ten (10) days before the <br /> Owner releases records pursuant to such public records request, but in no - <br /> event will the Owner have any liability to GC/CM for any failure of the Owner <br /> to provide such notice. In addition to its other indemnification and defense <br /> obligations under this Agreement, GC/CM shall indemnify and defend the <br /> Owner from and against any and all losses, penalties,fines, claims, demands, <br /> expenses (including, but not limited to, attorney's fees and litigation • <br /> expenses), suits, judgments, or damage arising from or relating to any failure <br /> of GC/CM to comply with this Section 14. <br /> 15. GC/CM Staffing: GC/CM agrees to provide all professional personnel <br /> necessary to perform the required Preconstruction Services including the <br /> individuals named in the table below who were named in the GC/CM's <br /> proposal submitted in response to the Owner's Request for Proposals for <br /> GC/CM Services for the Project. Except in the event of the death of the <br /> employee or their termination of employment with the GC/CM, these key <br /> primary personnelshall remain assigned to the project and shall be <br /> performing the work for the duration of the Project unless otherwise agreed to <br /> in writing by the Owner. In the evpnt the GC/CM proposes to substitute any <br /> of the key personnel designated below due to death or employment <br /> termination, the GC/CM shall use the backup personnel named in the table <br /> below. <br /> In the event that the primary and backup personnel are not available, the <br /> substitute individual(s) proposed must demonstrate the qualifications <br /> indicated in the Request for Proposals (RFP) for their respective role(s), and <br /> experience as required to successfully perform such duties. The Owner shall <br /> have the sole right to determine whether key personnel proposed as <br /> substitutes are qualified to work on the Project. The GC/CM will remove <br /> from the Project any personnel assigned to the Project if, after the matter has <br /> been thoroughly considered by the Owner and GC/CM, the Owner considers <br /> such removal necessary and in the best interest of the Project, and the Owner <br /> so notifies the GC/CM in writing and allows a reasonable period of time for <br /> the transition to different personnel. <br /> If the GC/CM fails to provide either the key primary or backup personnel <br /> City of Everett Page 7 of 13 October 3,2012 <br /> Water Pollution Control Facility Expansion <br /> 39 <br />